Article 673 of the Saudi Civil Transactions Law
المادة 673 من نظام المعاملات المدنية · الفرع الثالث: أثر الحيازة على الملكية
The article defines possession as a person's putting his hand on the possessed thing, appearing over it as an owner.
Official text (Arabic)
This article has not been amended since the law was issued.
الحيازة وضع الشخص يده على الشيء المحوز ظاهرًا عليه بمظهر المالك.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 673 explained in plain English
This article gives the definition of possession, which the rules on the effect of possession on ownership are built on. Under it, possession is: a person's putting his hand on the possessed thing, appearing over it as an owner.
This definition rests on two elements:
- Putting his hand on it: that is, the thing is in the person's hand and under his actual control.
- Appearing as an owner: that is, he deals with the thing as an owner deals with his property, and this is apparent.
It is clear from the definition that possession is a matter of fact, different from ownership itself; the possessor may be the owner, and may be someone else. One of the rules built on possession is Article 674, which makes possession of a movable a presumption of ownership when ownership is disputed.
Understanding this definition is important for anyone disputing real estate or a movable, because it shows when a person is described as a possessor.
To find out whether a particular situation counts as possession within the meaning of this article, you can consult a lawyer who specializes in real estate or civil matters.
Practical example
Faisal has lived for years in a house in Buraidah, rents out part of it, takes care of its maintenance, and deals with it in front of people as if it were his own. What Faisal is doing is putting his hand on the house, appearing over it as an owner, which is what the article calls possession, regardless of whether he is established as the owner of the house.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 673 of the Saudi Civil Transactions Law
What is possession in the Civil Transactions Law?
It is a person's putting his hand on the possessed thing, appearing over it as an owner.
Is possession the same as ownership?
No. The definition makes possession a putting of one's hand on a thing while appearing as an owner, and does not require the possessor to actually be the owner.
What is the effect of possessing a movable?
Under Article 674, possession of a movable is a presumption of ownership when ownership is disputed.
More articles on Preemption, Possession and Easements
- Article 26
The article divides the real right into principal rights, such as ownership, usufruct, use, habitation, easement and waqf, and accessory rights, such as mortgage and privilege, together with what the legal provisions so consider.
1- يكون الحقُّ العينيُّ أصليًّا أو تبعيًّا. 2- الحقوق العينية الأصلية هي حق الملكية، وحق الانتفاع، وحق الاستعمال، وحق السكنى، وحق الارتفاق، وحق الوقف، وما يعد ك
- Article 658
The article defines preemption (shuf'a) as the right of a co-owner to acquire the sold real estate for the price at which it was sold plus its expenses.
الشفعة حق الشريك في أن يتملّك العقار المبيع بالثمن الذي بيع به وبنفقاته.
- Article 659
The article provides that where more than one preemptor comes together, each one's entitlement to preemption is in proportion to his share.
إذا اجتمع أكثر من شفيع كان استحقاق كل منهم من الشفعة على قدر نصيبه.
- Article 660
The article provides that if a buyer sells property subject to preemption to another before the preemptor is notified of his wish to take by preemption under Article 666, the preemptor takes it only at the price of the second sale plus its expenses.
إذا اشترى شخص ما تصح الشفعة فيه ثم باعه لآخر قبل إعلام الشفيع رغبته الأخذ بالشفعة وفقًا للفقرتين (ب) و(ج) من المادة (السادسة والستين بعد الستمائة) من هذا النظام
- Article 661
The article fixes when the right of preemption is established: when the sale is completed, provided that the reason giving rise to preemption exists.
تثبت الشفعة بتمام البيع مع قيام السبب الموجب لها.
- Article 662
The article requires, for the right of preemption to be established, that the preemptor owned his share in the real estate at the time the buyer bought the seller's share.
ليس للشفيع حق الشفعة إلا إذا كان مالكًا لنصيبه في العقار وقت شراء المشتري نصيب البائع.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.